Land Acquisition in India
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1 Land Acquisition in India Ram Singh June 15, 2015 Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
2 Land Acquisition in India: Disputes and Litigation Litigation against acquisition per-se is endemic Litigation over compensation is a nation wide phenomenon in India There is suggestive evidence that relatively high value property owners litigate more frequently Litigation over compensation is common in other countries as well Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
3 Issues/Questions Why the deviations b/w compensation and the market value are especially large, for the very low and very high value properties? Why there is rampant litigation over compensation amount? Can the new land acquisition bill reduce litigation? Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
4 Main Arguments Even impartial Courts produce regressive outcomes - in favour of high-value property owners The main factors behind the observed outcomes are: The incentive structure for the award makers and government lawyers The incentive structure for the owners The Land Acquisition (Amendment) Act (1984) was inherently prone to misuse of eminent domain power and litigation over compensation. The LARR 2013 restricts scope of misuse of land acquisition law However, LARR 2013 can further intensify the litigation over compensation. Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
5 LACs and Govt Lawyers I LACs: do not put-in enough efforts to assess market value want to play it safe, to avoid remarks/objection from seniors or auditors Instead of sale-deeds of similar properties, use circle-rates/registry rates to award initial compensation Govt Lawyers Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
6 LACs and Govt Lawyers II Smt. Poonam v. State of Haryana and another (R.F.A. No of 2008), the HC of P and H observed This court is constrained to comment upon the conduct of the State as well as HUDA... even though they had notice of the fact that the land owners had produced on record various sale deeds showing the consideration paid therein ranging from Rs. 12,00,000/- to Rs. 80,00,000/- per acre, no documentary evidence was led by the State or HUDA to rebut this evidence.... What is generally seen is that practically no evidence is led by HUDA in any of the cases before the Reference Court and similar is the position with regard to addressing arguments before the higher courts..." Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
7 LACs and Govt Lawyers III State of Haryana and another Vs. Gram Panchayat of village Jharsa and another (R.F.A. No of 2010), the HC of P and H observed What has been experienced in number of cases, which came before this court is that in none of the case(s), wherever HUDA was represented by a counsel, anything was done by him except getting his presence marked. The position is not different even in the proceedings before the court below. Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
8 Do Gains from Litigation Increase with Property Value? Consider two parcels of land; Land A with area 100 sq-meters, and Land B with area 200 sq-meters circle-rate of say Rs 1000 per-sq-meter. But there is a sale-deed of rate Rs Incentive to litigate: Since multiplier is 1.3, For property A, gains from litigation are Rs 39,000. For property B, the gains would be Rs. 78,000! Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
9 Under-compensation by LACs or Over-compensation by Courts? Sale-deeds Versus Registry Rates Sale-deeds rates higher than Registry Rates Sale-deeds also under-represent market value Sale-deeds better proxy for market value Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
10 Proposed Acquisition Law Controversial Changes Under Land Acquisition Act, 1894: Land could be acquired for public as well as private projects, without consent of property owners No provisions for Social Impact Assessment (SIA) and Resettlement and Rehabilitation (R & R) The compensation is 1.3 times the market value ; market value plus solatium (30 percent of market value) LARR 2013: Land can be acquired for private projects, only if 80 percent of affected owners give consent Provisions for SIA and R&R The compensation will be 2-4 times of market value : Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
11 Proposed Acquisition Law LARR 2013: Costlier Land? In India, Market Value is determined on the basis of Circle-Rates/ Registry-rates Not updated regularly Generally Below Market-Rates Sale-deed rates Less than market; percent of actual transaction price However, total Costs of Acquisition: Compensation paid at the time of acquisition Compensation paid after litigation Interest payments Litigation costs Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
12 Proposed Acquisition Law Can higher Compensation reduce Litigation over Compensation? Consider an agriculture land; 100 sq-meters, circle-rate of say Rs 1000 per-sq-meter. But there is a sale-deed of rate Rs Incentive to litigate: Under the existing law (multiplier is 1.3), gains from litigation are Rs 39,000. Under the proposed law (multiplier 4), the gains would be Rs. 1,20,000! Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
13 Policy Implications Proposed Acquisition Law Initial Compensation should be determined on the basis of all relevant sale-deeds No-litigation agreements Allocation of litigation costs Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
14 Proposed Acquisition Law The 80 percent Rule: Less Land for Urbanization? Presumed Obstacles: Hold-outs Some Counter-Examples: Developer have been able to buy large tracks of land directly from the owners: Gurgaon SEZ - several pockets of hundreds of acres of contiguous agricultural land Kakinada Special Economic Zone in Andhra Pradesh acre The Navi Mumbai SEZ - several thousand acres Chhattisgarh project of GMR group acres that it needed directly from the villagers. Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
15 Real Impediments Proposed Acquisition Law Poor Land Records Change in Land Use Rules Construction permits Official Delays in Land Acquisition Regulatory Clearances Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
16 Policy Implications Proposed Acquisition Law Clear and Transparent Land Titles No CLU or other discretionary regulations Instead Use Zoning Regulations Make PAFs stake holders - SPV, developed land, etc Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
17 Proposed Acquisition Law Thank You Ram Singh (Delhi School of Economics) Land Acquisition in India June 15, / 17
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